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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Motion to represent corporation denied by FCA

  • April 25, 2024
  • Kathryn Zanetti

Messrs. Macciachera brought a motion for leave to represent the corporate appellants of which they are officers. This motion was brought in relation to an appeal of copyright determination between the parties.

Intellectual Property

Case summary: Federal Court allows, in part, reply evidence that serves in the interest of justice

  • February 20, 2024
  • Victoria Kolt and Pablo Tseng

Pursuant to an action wherein Takeda Canada Inc. (“Takeda”) alleges that Apotex Inc. (“Apotex”) has infringed Canadian Patent No. 2,570,916 (the “916 Patent”), Takeda brought a motion for reply evidence under s.6(1) of the PMNOC Regulations. Takeda sought leave to have its expert, Dr. Timko, provide reply evidence to an expert report produced by Apotex’s experts, Dr. Rowlings and Dr. Davies.

Intellectual Property

Case summary: Court holds that defendants in motions for security for costs should not make selective disclosure of evidence

  • February 20, 2024
  • David Schnittker

The defendants in a patent infringement action brought a motion for security for costs under rule 416(1)(b). The defendants alleged that they had reason to believe that the plaintiff would have insufficient assets in Canada available to pay the defendants’ costs if ordered to do so. The Court ultimately granted the defendants’ motion.

Intellectual Property